With significant changes to UK employment law on the horizon, many employers have been asking us about the new 6 month probation period law UK and what it means for their business.
Probation periods have always played an important role in helping employers assess whether a new employee is the right fit for their role and organisation. However, upcoming changes to unfair dismissal rights mean the first six months of employment will become even more important.
From 1 January 2027, the qualifying period for ordinary unfair dismissal protection is expected to reduce from two years to just six months.
For employers, this means getting recruitment, onboarding, probation reviews and performance management right from day one will be essential.
In this blog, we explore what the 6 month probation period law UK employers, how probation periods will be affected and the practical steps businesses should take to prepare.
Is a probation period a legal requirement?
No. There is no legal requirement for employers to operate a probation period.
However, probation can provide a useful structure for assessing a new employee’s performance, conduct, attendance and overall suitability. The key is actually using the probation period rather than simply putting a clause in the contract.
Why are probation periods becoming more important?
With the introduction of the new 6 month probation period law UK employers are preparing for, managing new employees effectively from day one will become increasingly important.
Historically, employers have had a longer period before employees generally acquired ordinary unfair dismissal protection. From January 2027, this qualifying period is expected to reduce to just six months.
However, this doesn’t mean employers should automatically dismiss employees they are unsure about before they reach six months’ service. Instead, it highlights the importance of identifying performance concerns early, providing regular feedback and addressing any issues before they escalate.
Set expectations from day one
Employees should understand what successful performance looks like.
This could include:
- Key responsibilities
- Performance standards
- Behavioural expectations
- Attendance
- Training requirements
- Specific objectives
Without clear expectations, it becomes much harder to fairly tell an employee that they are not meeting them.
Do not wait until the final probation meeting
One of the most common probation mistakes is scheduling a six-month review and having very little meaningful conversation beforehand. A manager may have concerns after eight weeks but avoid discussing them until the final meeting.
That gives the employee very little opportunity to improve. Instead, build regular probation reviews into the process.
Document feedback
Managers do not need to produce pages of notes after every conversation. However, important feedback, agreed actions and performance concerns should be recorded.
Good documentation helps demonstrate what the employee was told, what support was offered and whether they improved. This will become increasingly important as employers adjust to the new unfair dismissal framework (6 month probation period law UK).
What if the employee is not performing?
Start by understanding why. Does the employee understand what is expected? Have they received appropriate training? Is there something affecting their performance? Has the manager provided clear feedback?
If improvement is required, explain what needs to change and give the employee a reasonable opportunity to demonstrate that improvement.
Can you extend probation?
You may be able to extend probation where your contractual terms allow it and there is a genuine reason for doing so. An extension should not simply delay making a difficult decision.
Explain why probation is being extended, what improvement is required and when the situation will be reviewed again.
Train your managers before 2027
A strong probation process will only work if managers use it properly.
Managers should understand:
- How to set objectives
- How to give constructive feedback
- How to document concerns
- When to escalate an issue
- How discrimination and other employment rights affect decisions
- When HR advice is required
The reduction in the unfair dismissal qualifying period makes inconsistent management increasingly risky. We’ve been delivering management training events on unfair dismissal changes to our clients and it has helped them fully understand the changes.
Review your probation process now
January 2027 may sound some distance away, but employees joining during 2026 could have six months’ service when the new rules take effect. Employers should therefore review their processes now rather than waiting until January.
Look at your contracts, probation policy, review documents, manager training and record keeping before the 6 month probation period law UK is introduced.
How The HR Booth can help
The HR Booth can review your probation process, contracts and policies and help make sure managers understand their responsibilities. We also provide practical management training and ongoing advice where performance concerns arise during probation.
Preparing now gives your managers time to build good habits before the employment law changes take effect. Contact our team if you would like support getting your business ready for 2027.
